AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF. Sky Mountain Golf Estates

Transcription

1 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TABLE OF CONTENTS Page No. ARTICLE I DEFINITIONS 1.1 Annexed Property Articles or Articles of Incorporation Association Association Property Beneficiary Board or Board of Trustees Bylaws Common Areas Common Expenses Community Community Wide Standard Declaration Deed of Trust Eligible Insurer Eligible Mortgage Holder FNMA and FHLMC First Deed of Trust Golf Course, Golf Course Facilities or Golf Course Property Open Space Improvements Lot Member Membership Owner Plat or Plat Map Property Rules and Regulations Single Family Map Single Family Residence Successor Declarant Unit Visible from Neighboring Property Voting Member... 4 ARTICLE II DESCRIPTION OF PROPERTY RIGHTS AND OBLIGATIONS, COMMON INTERESTS, RIGHTS OF ENJOYMENT, AND EASEMENTS Ownership of Common Areas Encumbrances Against Common Areas Taxes and Assessments... 5 Page i

2 2.4 Owners Easements of Enjoyment Association s Right to Adopt Association s Right to Limit use Association s Right to Charge admission Association s Right to Assign, Rent, Grant License Association s Right to Borrow Use of the Common Areas Association s Right to Use of Common Areas Easements for Encroachments Utility Easements Easements Deemed Created Structural and Exterior Alternations Association s Common Areas Easement Rights; Dedication of Common Areas Reservation of Common Areas Easements in Favor of Association Reservation of Right to Grant Additional Common Areas Easements and Licenses, and to Dedicate Common Area Right of Association to Encumber Common Areas Access to Units Drainage Easements Easements for Repair, Maintenance, and Emergencies Easement for Golf Cart Path Maintenance of HOA Common Areas...7 ARTICLE III UNIT BOUNDARIES, USE RESTRICTIONS, MAINTENANCE OBLIGATIONS AND PRIVATE EASEMENTS A. Uses Leasing of Units Residential Use Parking and Vehicular Restrictions Inoperable Vehicles Commercial Vehicle Restriction Recreational Vehicle Restriction Nuisance Vehicles Number of Vehicles in Driveway Repairs Enforcement and Towing Nuisances Signs Antennae, Solar Panels, Sports Equipment Appearance of Unit; Unsightly Articles Outdoor Recreational Equipment Storage of items outdoors Windows Trash Containers and Collection Animals Business or Commercial Activity No Further Subdivision Drainage Use of Garages View Obstructions Maintenance of Lots Lot and Unit Alterations Maintenance and Repair Certain Lot Owners Obligations to Rebuild After Damage or Destruction Page ii

3 3.20 Maintenance Violations and Association s Right to Correct Maintenance Violation Maintenance Violation Notice Owner s Right to File an Objection Circumstances under which association is obligated to Correct Maintenance Violation Procedure for Association s Correction of Maintenance Violation Bids Special Assessment Performance of Corrective Work By Association Association s Right of Entry for Repair, Maintenance and Emergencies Utility Service Yards Diseases and Insects Party Walls Mineral Exploration Machinery and Equipment ARTICLE IV THE ASSOCIATION Formation Association Action; Board of Trustees and Officers; Members Approval Nominating Committee Trustee Election Membership Membership Qualifications Members Rights and Duties Voting Exercise of Voting Rights Transfer of Membership ARTICLE V POWERS AND DUTIES OF THE ASSOCIATION Powers Assessments Rules and Regulations Rights of Enforcement (a) General (b) Suspension of Voting Rights; Fines Delegation of Powers; Professional Management; Other Services Personal Property Other Services and Properties Duties of the Association Professional Management Taxes and Assessments Insurance Enforcement of Restrictions and Rules Audited Financial Statement Title to Property Upon Dissolution Golf Course Limitations on Authority of Board Personal Liability Meetings of Members Association Books and Records and Association Property Rights of Inspection Page iii

4 ARTICLE VI ASSESSMENTS Agreement to Pay Personal Obligations Purpose and Amount of Assessments Annual Assessments Definitions Allocation of Annual Assessments Procedure for Establishing Annual Assessments Special Assessments Violation Assessments Capital Improvements Assessments Association s Power to Levy; Definition Petition; Association Approval Levy of Capital Improvements Expenditure for Capital Improvements Assessments Deficiency in Capital Improvements Assessments Rate of Assessment Assessment Period Notices of Assessments; Delinquencies Statement of Account Collection of Assessments Assignment of Rents Lien for Assessments; Priority Enforcement of Lien Trust Deed for Assessments Notice of Delinquent Assessment and Notice of Default Notice of Sale Reserve Funds Surplus Funds ARTICLE VII INSURANCE Insurance to be Obtained Casualty Insurance Liability Insurance Directors and Officers Insurance Workers Compensation and Employer s Liability Insurance Fidelity Insurance Other Insurance Premiums and Reviews Forms Adjustment of Losses Owner s Insurance Responsibilities ARTICLE VIII ARCHITECTURAL CONTROL; DEVELOPMENT STANDARD A. Architectural Control A.1 Architectural Review Committee A.2 ARC Approval A.3 Interpretation A.4 Violations A.5 8B. Development Standards B.1 Intent Page iv

5 ARTICLE IX PROTECTION OF LENDERS Encumbrance of Parcels Permitted Subordination Non-Liability for Unpaid Assessments Breach of Covenants Notice to Eligible Mortgage Holders, Insurers and Guarantors Insurance Proceeds and Condemnation Awards Appearance at Meetings Examination of Records Prior Approvals Notices to Eligible Mortgage Holders ARTICLE X GOLF COURSE; ASSOCIATION S DISCLOSURES Golf Course Owner Liability Golf Course Association Liability ARTICLE XI MISCELLANEOUS PROVISIONS Duration Amendment Quorum Approval Enforcement and Waiver Violations and Nuisance Violation of Law Remedies Cumulative Nonwaiver Notice Notices Approvals Construction and Severability: Singular and Plural; Titles Restrictions and Easements Construed Together Restrictions and Easements Severable Singular Includes Plural Captions EXHIBIT A Legal Description Page v

6 AMENDED AND RESTATED DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS FOR SKY MOUNTAIN GOLF ESTATES THIS DECLARATION ( Declaration ) is made this 1 st day of November, 2008, by the undersigned, Homeowners Association, Inc., a Utah nonprofit corporation, herein referred to as Association, with reference to the following facts and is as follows: R E C I T A L S : A. This Declaration relates to a single family residential subdivision, specifically as a planned unit development under the name of SKY MOUNTAIN GOLF ESTATES, hereinafter from time to time the Community. B. This Declaration is designed to create equitable servitudes and covenants appurtenant to and running with the Property imposing conditions, covenants and restrictions for the development, operation, protection and maintenance of the Property, because of the unique aspects of concern to Owners (below defined), with rights and powers reasonably necessary to control the operation and maintenance of the Property, including without limitation the right to assess the Owners for the cost of such operation and maintenance. C. This Declaration supersedes and replaces in its entirety the previously recorded Declaration ( Original Declaration ) recorded as Entry No , Book 1333, page 2147 et seq., Washington County Recorder s Office and any amendments thereto. D. This Declaration shall be binding upon all of the real property described in Exhibit "A, which is attached hereto and is incorporated by reference. E. This Declaration shall be binding upon all parties having any right, title, or interest in any portion of the Properties, their heirs, successors, successors-in-title, and assigns, and shall inure to the benefit of each owner of any portion of the Properties. F. This document does not and is not intended to create a condominium within the meaning of the Utah Condominium Property Code, Title et seq., however, the Property described herein, and the resulting Association shall be subject to Utah s Community Association Act, Title 57-8a-101 et seq., and shall be entitled to avail itself of all of the statutory provisions therein. DECLARATION Now, therefore, Association hereby declares that the Property is and shall be held, conveyed, encumbered, leased, used, occupied, improved, and otherwise affected in any manner subject to the covenants, conditions, restrictions, easements and other provisions of the Declaration, all of which are hereby declared to be in furtherance of a general plan for the development, improvement, and sale of the Property, and are further declared to be for the purpose of enhancing, maintaining, and protecting the value and attractiveness of the Property. All provisions hereof shall be deemed to run with the land as covenants running with the land or as equitable servitudes, as the case may be, and shall constitute benefits and burdens to Association and its assigns and to all persons hereafter acquiring or owning any interest in the Property, however such interest may be obtained. Page 1

7 ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used herein shall have the meanings set forth in this Article. 1.1 Annexed Property means and refers to any or all of the property to which a Supplemental Declaration is recorded causing an annexation. 1.2 Articles or Articles of Incorporation means and refers to the Articles of Incorporation of the Association. 1.3 Association means and refers to SKY MOUNTAIN GOLF ESTATES HOMEOWNERS ASSOCIATION, its successors and assigns, a Utah nonprofit corporation. 1.4 Association Property means and refers to all real and personal property now or hereafter owned by or leased to the Association or in which the Association has a recognizable legal or equitable present or future interest. 1.5 Beneficiary means and refers to a beneficiary under a deed of trust or a mortgagee under a mortgage, and/or the assignee of such beneficiary or mortgagee. 1.6 Board or Board of Trustees means and refers to the governing Board of the Association. 1.7 Bylaws means and refers to the Bylaws of the Association. 1.8 Common Areas means and refers to that portion of the Property which is designated as Common Areas on each Plat Map and which is owned or to be owned by the Association, together with all Improvements constructed or to be constructed on such Common Areas, including, but not limited to, any recreational facilities, sanitary sewer lines and facilities within the Property (exclusive of Lots) which have not been accepted for dedication by the applicable governmental entity having jurisdiction. 1.9 Common Expenses shall have the meaning set forth in paragraph hereof Community means and refers to the residential planned unit development known as Community Wide Standard The standard of conduct, maintenance, design or other activity generally prevailing throughout the properties. The Board of Directors and the Design Review Committee may more specifically determine such standard Declaration means and refers to this instrument entitled Declaration of Covenants, Conditions, and Restrictions for and any and all amendments thereto Deed of Trust means and refers to a deed of trust or a mortgage encumbering any portion or all of the Property Eligible Insurer means and refers to an insurer or guarantor of a First Deed of Trust which has requested notification pursuant to the provisions of paragraphs 9.5 hereof Eligible Mortgage Holder means and refers to the holder of a First Deed of Trust which has requested notification pursuant to the provisions of paragraph 9.5 and 11.2 hereof. Page 2

8 1.16 FNMA and FHLMC means and refer to, respectively, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation First Deed of Trust means and refers to a Deed of Trust having priority over all other Deeds of Trust encumbering the same portion of the Property Golf Course, Golf Course Facilities or Golf Course Property mean and refer to the Sky Mountain Golf Course and related facilities owned and/or operated by the City of Hurricane, its successors and assigns, and which has been constructed outside the Community, and all appurtenances thereto, including the maintenance and other buildings, vehicles and equipment associated therewith. Said terms are not to be confused with, which is the Community that is the subject matter of this Declaration HOA Open Space means any portion of the Common Areas designated as Open Space on a Plat Map, all of which shall be owned by the Association and shall be Association Property Improvements means and refers to all structures and appurtenances thereto of every type and kind, including but not limited to buildings, residence structures, outbuildings, garages, carports, roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, planting, planted trees, shrubs, poles, signs, exterior air conditioning, satellite dishes, antennae, fixtures or equipment, which have been or will be constructed on the Property Lot means and refers to any portion of the Property designated as a Lot on any recorded Plat Map thereof and intended for improvement with a single family residence, whether or not the Lot is so improved. The boundaries of each Lot and the number identifying the Lot are set forth on the Plat Map Member means and refers to every person or entity holding a membership in the Association pursuant to the provisions of the Declaration, the Articles, and the Bylaws Membership means and refers to the owner(s) of each unit who shall have one (1) membership in the Association. The number of memberships in the Association shall be equal to the number of units within the property Owner means and refers to any person, entity, or group of persons holding a fee simple interest in an Unit, or who is the buyer of an Unit under a recorded contract of sale, in which case the seller under such recorded contract of sale shall cease to be an Owner unless and until such contract is terminated Plat or plat Map means and refers to each final plat map for Sky Mountain Golf Estates recorded with the Washington County Recorder s Office, and any and all amendments thereto Property means and refers to that certain real property described in Exhibit A attached hereto and all other real property which is encumbered from time to time by this Declaration pursuant to a Supplemental Declaration, together with all Improvements now or hereafter located thereon, and together with all easements, rights and appurtenances belonging thereto. Page 3

9 1.27 Rules and Regulations means and refers to such rules and regulations as the Board from time to time may adopt pursuant to the terms of this Declaration concerning the use of the Community or any part thereof Single Family Map means and refers to a Plat Map pursuant to which Lots are created Single Family Residence means and refers to a single family residence constructed on a Lot, whether attached to another residence or not. Casitas are considered to be appurtenances of a single family residence Successor Declarant means and refers to any and all successors in interest of the Declarant who acquire an interest in the Property, or any portion thereof, and to whom Declarant s Rights have been assigned by a written assignment executed by the transferor Declarant and the transferee Successor Declarant which is duly recorded in the Office of the County Recorder of Washington County, Utah Declarant and each Successor Declarant shall cease to be the Declarant of a Successor Declarant, respectively, at such time that it ceased to own an interest in any portion of the Property and designated a Successor Declarant in the Manner provided in this paragraph Unit means a Lot 1.32 Visible from Neighboring Property The phrase visible from neighboring property means, with respect to any given object, that such object is or would be visible to a person six feet (6 ) tall standing at the finished floor elevation of any neighboring property Voting Member means a member of the Association, or an authorized representative who acts for or on behalf of the owner(s) of an individual unit when casting a vote on matters of the Association. Each unit in the property is entitled to one (1) vote. ARTICLE II DESCRIPTION OF PROPERTY RIGHTS AND OBLIGATIONS, COMMON INTERESTS, RIGHTS OF ENJOYMENT, AND EASEMENTS 2.1 Ownership of Common Areas. All of the Common Areas are or will be owned by the Association as HOA Common Areas. The Common Areas shall remain private property of the Association, unless dedicated to a public authority pursuant to the provisions hereof, and nothing contained herein shall be construed as a dedication to the public of the Common Areas or any portion thereof. 2.2 Encumbrances Against Common Areas. Title to the Common Areas is or may be subject to the following encumbrances ( Existing Encumbrances ): (a) The lien of real property taxes and assessments; (b) The obligations imposed, directly or indirectly, by virtue of any statutes, law, ordinance, resolution, or regulation of the United States of America, the State of Utah, County of Washington, or any other political subdivision or public organization having jurisdiction over the Property, or by virtue of any organization or political body created pursuant to any such statute, law, ordinance, or regulation; (c) (d) Any and all easements and other rights shown on the Plat Map; All easements and other rights and obligations created by the Declaration; Page 4

10 (e) Any and all loans for the construction of Improvements to the Common Areas which loans shall be paid by Association as the same become due and payable; and (f) Any other lien, encumbrance, or defect of title of any kind whatsoever (other than of the type that would at any time or from time to time create a lien upon the Common Areas to secure an obligation to pay money) that would not materially and actually prejudice Owners in their use and enjoyment of their Units and the Common Areas. 2.3 Taxes and Assessments. If, any taxes or special district or other assessments may be, in the opinion of the Association, a lien on the Community or any part thereof, then the Association shall pay the same and assess the same to the Owners responsible therefor. Each Owner shall pay the taxes or assessments assessed against their Unit, or interest therein. 2.4 Owners Easements of Enjoyment. Except as otherwise expressly provided elsewhere in this Declaration, each Owner shall have, and the Association hereby grants to each Owner, a non-exclusive easement of use and enjoyment in, to, and throughout the Common Areas and for ingress, egress, and support over and through the Common areas. Each such easement shall be appurtenant to and pass with title to each Unit, subject to the following rights and restrictions: The Association shall have the right to adopt, amend, and enforce Rules and Regulations affecting use of the Common Areas; provided, however, that such Rules and Regulations shall not be in conflict with the provisions of this Declaration The Association shall have the right to limit the number of guests of an Owner utilizing the Common Areas The Association shall have the right to charge reasonable admission and other fee for the use of any recreational facility situated upon the Common Areas The Association shall have the right to assign, rent, grant licenses, or otherwise designate and control the use of any parking or storage space within the Common Areas The Association shall have the right to borrow money to improve, repair or maintain the Common Areas, provided any encumbrance against the Common Areas may be granted only as provided in this Declaration. 2.5 Use of the Common Areas. Any Owner may extend their rights of use and enjoyment in the Common Areas, including any recreational facilities, to such Owner s family members, guests, and invitees, subject, however, to the provisions of this Declaration and the Rules and Regulations. If an Owner has rented all of such Owner s Unit to a tenant(s), then the Owner, such Owner s family, members, guests, and invitees shall not be entitled to use and enjoy the recreational facilities of the Common Areas while the Owner s Unit is occupied by such tenant(s). Instead, the tenant(s), while occupying such Unit, shall be entitled to use and enjoy the recreational facilities of the Common Areas and, during the period of such tenants' occupancy, such tenant(s) can extend to other persons the right of use and enjoyment in the same manner as if such tenant(s) were an Owner. Each Owner shall notify the secretary of the Association of the names of any tenants of such Owner s Unit. Each Owner or tenant also shall notify the secretary of the Association of the names of all persons to whom such Owner or tenant has extended any rights of use and enjoyment in the Common Areas and the relationship that each such person bears to the Owner or tenant. All permitted rights of use and enjoyment of the Common Areas are subject to suspension as set forth below in this Declaration. Each Owner shall at all times be responsible for any and all activities of their tenants, guest and invitees using the Common Areas. No Improvements within the Common Areas shall be altered or removed, except at the express direction of the Association. 2.6 Association s Right to Use of Common Areas. The Association shall have a non-exclusive easement to make such use of the Common Areas as may be necessary or appropriate to perform the duties Page 5

11 and functions which it is obligated or permitted to perform pursuant to this Declaration, including the right to construct and maintain in the Common Areas maintenance and storage facilities for use by the Association. 2.7 Easement for Encroachments. If any part of the Common Areas encroaches or shall hereinafter encroach upon a Unit, an easement for such encroachment and for the maintenance of the same does and shall exist. If any part of a Unit encroaches or shall hereafter encroach upon the Common Areas, or upon an adjoining Unit, an easement for such encroachment and for the maintenance of the same does and shall exist. Such encroachments shall not be considered to be encumbrances either on the Common Areas or the Units. Encroachments referred to herein include, but and not limited to, encroachments caused by initial construction, settling, rising, or shifting of the earth, or by changes in position caused by repair or reconstruction of the Community or any part thereof. Notwithstanding the foregoing, no such encroachment shall exist to the extent it is caused by the willful misconduct of the Owner of the encroaching Unit or the failure of such Unit s Owner to cause the Unit to be repaired or reconstructed after damage or destruction in accordance with approved plans and specifications. 2.8 Utility Easements. There is reserved for the benefit of each Unit easements for utility services over, under, or through such portions of the Community and other Units, where such utilities are constructed when construction of the Community is completed. In addition, Association reserves, and the Association is granted, the right to establish and convey subsequent utility easements; and each Owner in accepting a deed to a Unit, expressly consents to such easements. However, no such easement can be granted if it would interfere with the use, occupancy, or enjoyment by any Owner of their Unit or the common facilities of the Community unless approved by a vote of the membership. 2.9 Easements Deemed Created. All conveyances of Units hereafter made shall be constructed to grant and reserve such reciprocal easements as shall give effect to the provisions of this Article II even through no specific reference to such easements or to the sections pursuant to which they are created appear in any such conveyance Structural and Exterior Alterations. No Owner shall paint, decorate, change or add any item to any exterior of the Owner s Unit or any building or other structure in the Community without first obtaining written consent of the ARC. Prior to obtaining such consent of the ARC, it shall be the Owner s obligation to obtain any and all necessary approvals for such alterations from the appropriate governmental body exercising jurisdiction over such matter and present such approval to the ARC with their architectural application Association s Common Areas Easement Rights; Dedication of Common Areas Reservation of Common Areas Easements in Favor of Association. Association hereby reserves unto itself such easements over, through and under the Common Areas as may be reasonably necessary to discharge Association s obligations Reservation of Right to Grant Additional Common Areas Easements and License, and to Dedicate Common Areas. Association hereby reserves unto itself the right to grant easements and rights of way on, over, through and under the Common Areas for the purposes described below and for the benefit of the Owners, the Association, and the right to offer for dedication any portion of the Common Areas to any political subdivision, or any public or quasipublic entity or utility. Furthermore, Association reserves the right to enter into a license agreement for the benefit and use of the HOA Common Areas by the members of the Sky Mountain Homeowner s Association, Inc., which license agreement shall be on such terms as Association deems appropriate and which shall be binding upon the Association. Such grants of easement or dedication may be for any or all of the following described purposes: constructing, erecting, operating, or maintaining on the Common Areas, at any time (i) roads, streets, trails, walks, driveways, vehicle parking areas, parkways, and park areas; (ii) poles, wires, or conduits for transmission of electricity, telephonic communication or cable or antenna television for the Page 6

12 Community and the necessary apparatus incident thereto; and (iii) public and private sewers, sewage disposal systems, storm drains, land drains and pipes, water systems, sprinkling systems, water, heating and gas line or pipes, and any and all equipment and other apparatus relating thereto Rights of Association to Encumber Common Areas. The Association may encumber the Common Areas in connection with authorized obligations, but only upon the affirmative vote using the voting guidelines established in amended Article XI, section Access to Units. Each Owner shall have an unrestricted right of ingress and egress to their Unit. Such right of access shall be appurtenant to each such Unit; and any transfer of such Unit, of whatever kind, which does not include such right of access shall be void Drainage Easements. There may be drainage easements within the Property which will exist between Lots and which must be maintained free of all debris by the affected Lot Owners. In the event such drainage ways are not kept free of debris by the affected Lot Owners or are altered in a manner which impairs their functional ability, the Association shall have the right to enter upon the affected Lots for the purpose of removing such debris or removing such alteration, as applicable; and the cost of such removal shall be borne by the affected Lot Owners and shall be deemed a Special Assessment (below described) established and enforceable in accordance with the terms and provisions of Article VI of this Declaration. No Owner shall alter the grade or do any other thing which alters or disrupts the flow of water through said drainage channels in the manner originally established by Declarant Easements for Repair, Maintenance, and Emergencies. The Association shall have an easement for access through and on the Common Areas and each Unit for providing utilities, for maintaining and repairing the Common Areas, Association Property and other Improvements as required hereunder, and for making emergency repairs necessary to prevent damage to the Common Areas or any Unit Easement for Golf Cart Path. Nonexclusive easements on, over and across portions of the Common Ares and Property have been created in favor of the City of Hurricane, its successors and assigns, for the purpose of constructing, adding to, reconstruction and maintaining a paved access road for use by the City of Hurricane and its successors and assigns, agents, employees, contractors, licensees and invitees for purpose of pedestrian and vehicular ingress and egress to and from the Golf Course Property, the locations of which are set forth on the Plat Maps Maintenance of HOA Common Areas. Maintenance of the HOA Common Areas and any and all Improvements thereon shall be the obligation of Association The Association shall maintain and manage the HOA Common Areas and all Improvements thereon in a professional manner. The Association shall maintain all utilities, equipment and other apparatus within the HOA Common Areas, unless such item of maintenance is the obligation of a utility company, the City of Hurricane, Washington County, or other governmental entity. Page 7

13 ARTICLE III UNIT BOUNDARIES, USE RESTRICTIONS, MAINTENANCE OBLIGATIONS AND PRIVATE EASEMENTS A. Uses. 3.1 Leasing of Units. An Owner shall be permitted to lease their Unit provided that: (a) The Owner and all tenants ( Tenant ) enter into a written lease which provides that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Rules and Regulations, and that any failure by the Tenant to comply with the terms of such documents shall be a default under the lease; (b) Any lease or rental agreement shall be in writing, be for a term of at least thirty (30) days, and no Owner shall rent or lease their Unit for transient or hotel purposes, nor shall any Unit be timed shared; (c) The Tenant is furnished with a copy of the Rules and Regulations; (d) The lease grants to the Association as a third-party beneficiary the right to evict the Tenant for failure to comply with this Declaration or the Rules and Regulations; and (e) The Secretary of the Association has been furnished with the name(s) and mailing addresses of the Tenant within five (5) business days after execution of the lease. (f) Each Owner shall be responsible and liable for all activities of such Owner s Tenant which are in violation of this Declaration or the Rules and Regulations. 3.2 Residential Use. No Unit shall be improved or used for any purpose other than residential use by a single family. No Unit shall be subdivided in any manner. 3.3 Parking and Vehicular Restrictions Except for emergency vehicle repairs, no automobile, motorcycle, motorbike or other motor vehicle of any kind shall be constructed, reconstructed or repaired on any Lot. No inoperable vehicle or vehicle which, because of missing fenders, bumpers, hoods or other parts or because of lack of proper maintenance or licensing, is, in the sole opinion of the Board or Architectural Committee, unsightly or detracts from the appearance of the community shall be stored, parked or kept on any lot. Page 8

14 3.3.2 No motor vehicle classed by manufacturer rating as exceeding one ton, or commercial may be parked on a lot unless it fits entirely inside the garage. Commercial vehicles shall mean any vehicle that: a. Displays the name, trade name, telephone number or other identifying information of any business and/or b. Otherwise bears the appearance of a commercial vehicle by reason of its normal contents (e.g., trade goods, extensive tools, ladders, tool racks, etc.) No Owner shall park, store or keep on their Unit any recreational vehicle (including, but not limited to, any camper unit, house/car or motor home); any bus, trailer, trailer coach, camp trailer, boat, aircraft or mobile home; or any other similar vehicle, unless the recreational vehicle is stored in accordance with the Architectural Guidelines In addition, no Owner shall park, store or keep anywhere within the Property any vehicle or vehicular equipment, mobile or otherwise, deemed to be a nuisance by the Board Parking of any vehicle in any unpaved landscaped area shall not be permitted. Owners may park up to two (2) vehicles within their own driveway area or on the street fronting their unit as long as the vehicles do no block the sidewalk and such vehicles are used for daily transportation purposes unless such vehicle is deemed to be commercial in nature. A third vehicle may be parked in the driveway area if the unit has an approved concrete parking pad adjacent to the driveway No repairs of any vehicle may be undertaken within the Property except wholly within a garage and with the door closed The Board shall have the power but not the obligation to enforce all parking and vehicle use restrictions applicable to the Property. The Board shall have the right to have any truck, mobile home, travel trailer, camper shell, recreational vehicle, boat, boat trailer or similar equipment or vehicle or any automobile, motorcycle or other motor vehicle parked, kept, maintained, constructed, reconstructed or repaired in violation of the Association documents towed away at the sole expense of the owner of the vehicle or equipment. Any expense incurred by the Association in connection with the towing of any vehicle or equipment shall be paid to the Association upon demand by the owner of the vehicle or equipment. If the vehicle or equipment is owned by an Owner, then the cost incurred by the Association in towing the vehicle or equipment shall be assessed against the Owner and said Owner s lot. 3.4 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere within the Property, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, or offensive. No illegal, noxious or offensive activities shall be carried on or conducted upon any Lot or within any portion of the Common Areas, nor shall anything be done within the Properties which is or may become an unreasonable annoyance or nuisance to the neighborhood. Excessive noise levels may be determined at the discretion of the Board which may, but shall not be obligated to, rely on the standards, if any, established by Hurricane City, County Ordinance, State law or other applicable governmental regulations dealing with such matters. 3.5 Signs. No sign, poster, billboard, advertising device or other display of any kind shall be displayed without the approval of the ARC, except the Owner or resident may place two (2) customary 18 x 24 free-standing for sale or for lease signs on the Unit. No more than one (1) sign may be placed in Page 9

15 the front yard of a unit, one (1) additional sign may be placed in the side or back yard. Any other signage shall require Board approval. Nothing herein contained shall restrict the right of Association to maintain street signs, Community monuments signs, and other Community signs in the Common Areas. Political and/or election related signs may not be displayed. 3.6 Antennae, Solar Panels, Sports Equipment. No clothes lines, television antennae, satellite dishes, wiring, installation of air conditioning or solar heating equipment, or other equipment or items of any kind, including, without limitation, sports equipment, shall be installed on the exterior of the building or be allowed to protrude through the walls, the windows, the roof of any building or the balconies, unless the prior written approval of the Board is secured. 3.7 Appearance of Unit; Unsightly Articles. Articles, including, but not limited to clotheslines, must be approved in writing by the Board or Architectural Committee. Exterior fires are not allowed, except barbecue fires contained within receptacles designed therefor, such that they do not create a fire hazard and except as specifically authorized in writing by the Association (and subject to applicable ordinances and fire regulations). Each Owner shall keep their unit and the Improvements thereon in a clean and attractive condition Outdoor recreational equipment including but not limited to large playhouses, swing sets, slides, and trampolines shall not be allowed within the property excepting those already in place at the date of the adoption of this document unless a variance is granted by the Board of Trustees. If such items exist prior to the adoption of this document, they will be required to be staked or otherwise secured Certain recreational items and toys will be allowed at a residence within the HOA including but not limited to atvs, bicycles, portable basketball standards, scooters, skate boards, and motorcycles. While these types of items may be in evidence and enjoyed on the property, these items must be stored in an orderly fashion in the back yard, inside the garage or inside the residence during hours of darkness. 3.8 Windows Each Owner shall have complete discretion as to the choice of furniture, furnishings, and interior decoration; however, all draperies, curtains, shutters, or other window coverings shall be of good quality and of such color, design and construction so as to be in accord with the attractive appearance of the Community. Plastic, aluminum foil, bedroom sheet or other unsuitable coverings may not be placed in or on the windows, except for blinds, shutters or other window coverings which may be constructed of plastic materials. Window tinting shall require the prior written approval of the ARC and shall be properly installed and maintained so as not to become damaged, scratched, discolored or otherwise unsightly. 3.9 Trash Containers and Collection. Each Owner shall place and keep all trash and garbage in containers and within their garage area or such other area as approved by the ARC. Other than twelve (12) hours before and twelve (12) hours after pickup by sanitation crews trash containers shall be maintained so as to not be visible from neighboring property or from the street. Every effort should be made to secure garbage by bagging and/or securing lid of can. Such trash containers must be placed for pickup on the street side of the curb and as specified by the solid waste company Animals. Animals, fowls, reptiles, poultry, fish or insects of any kind ( animals ) shall not be raised, bred or kept within the Property, except that a reasonable number of dogs, cats or other household pets may be kept within a residence, provided that they are not kept, bred or maintained for any Page 10

16 commercial purpose, nor in unreasonable quantities nor in violation of any applicable local ordinance or any other provision of this Declaration and such limitations as may be set forth in the Rules and Regulations. As used in this Declaration unreasonable quantities shall ordinarily mean more than two (2) pets per household; provided, however, the Board may determine that a reasonable number in any instance may be more or less. The Association, acting through the Board, shall have the right to prohibit maintenance of any animal which constitutes, in the opinion of the Board, a nuisance to other Owners in the Property. Animals belonging to Owners, residents, or their guests within the Property must be either kept within an enclosure or on a leash or other restraint not to exceed 20 feet in length and which is being held by a person capable of controlling the animal, and who then has in their possession a proper or adequate utensil or other means of cleaning up immediately all feces of such animal. Furthermore, to the extent permitted by law, any Owner shall be liable to each and all remaining Owners, residents, their families and guests for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Property by an Owner or resident or by members of their family or guests; and it shall be the absolute duty and responsibility of each such Owner to immediately clean up after such animals which have used any portion of the Common Areas Business or Commercial Activity. No part of the Property shall ever be used for any business, commercial (including auctions or similar events), manufacturing, mercantile, storage, vending or other nonresidential purposes, including without limitation any activity for which the provider is compensated in any way or receives any form of consideration, regardless of whether the activity is engaged in full or part time, generates or does not generate a profit, or requires or does not require a license The limitations described above of this Section 3.11 shall not preclude any of the above-described activities which are conducted without external evidence thereof provided that all of the following conditions are fulfilled: (i) such activities are conducted in conformance with all applicable governmental ordinances; (ii) the patrons or clientele of such activities do not routinely or in significant numbers visit the Lot or park automobiles or other vehicles within the Property; (iii) the existence or operation of such activities is not apparent or detectable by sight, sound or smell from outside the boundaries of the residence of such Lot; (iv) no such activity increases the liability or casualty insurance obligation or premium of the Association; and (v) such activities are consistent with the residential character of the Property and otherwise conform with the provisions of this Declaration. Notwithstanding the foregoing, an Owner may conduct not more than two (2) garage sales on or from their Unit per calendar year 3.12 No Further Subdivision. No Unit may be further subdivided without the prior written approval of the Board Drainage. There shall be no interference with the established drainage in the Property unless an adequate alternative provision, previously approved in writing by the ARC, is made for proper drainage. For the purpose hereof, established drainage is defined as the drainage which exists at the time a Unit is conveyed to an Owner by Declarant or later grading changes which are shown on plans approved by the ARC Use of Garages. Garages may be used only by the Owner of such garages or the occupants of the Unit to which such garage is appurtenant. Garage doors shall not be left open for periods in excess of one (1) hour unless unit occupant is working in the garage, with the exception of vehicle repair which shall only be performed with the garage door closed Views There are no representations or warranty with respect to the presence or absence of any view from any portion of any Unit. Any existing view may change or be blocked or impaired Page 11

17 depending upon construction, landscaping or other activities undertaken on remaining land located within the Community or on land located outside the boundaries of the Community. Each Owner, by accepting title to a Unit in the Community, hereby acknowledges that construction, landscaping or other installation of Improvements outside the Community may impair the view from any Unit in the Community, and the Owners hereby consent to such view impairment. However, notwithstanding the foregoing, no vegetation, improvement or other obstruction shall be planted, constructed, or maintained on any Lot in such location or of such height as to unreasonably obstruct the view from any other Lot without the prior written approval of the ARC Maintenance of Lots Each Owner or resident of a lot shall be responsible for the periodic trimming, pruning and thinning of all hedges, shrubs and trees located on their lot. If an Owner or resident of a lot fails to perform necessary trimming, pruning or thinning, the Association shall have the right, after ten (10) days prior notice requesting such work be done and the Owner or resident not having done so, to enter upon such lot for purposes of performing such work and the cost thereof, together with interest thereon as provided by applicable law, shall be charged to such Owner, and shall be deemed a Maintenance Violation Lot and Unit Alterations. Subject to provisions of applicable law and ARC Guidelines each Owner shall have the right to modify their residence at their sole cost and expense, so long as (i) such modifications do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Property; and (ii) such modifications do not change the appearance of the Common Areas or the exterior appearance of a Lot or any other portion of the Property without the prior written approval of the ARC. No improvement, construction, repair or other work that alters the exterior appearance of any Improvement upon any Unit shall be made, done, or permitted to be done unless approval thereof is first obtained from the ARC in accordance with this Declaration and the procedures established by the ARC, and from the appropriate governmental authority, if required. Construction must be completed in a reasonable amount of time which shall be established by the ARC Maintenance and Repair.No building, structure, or other improvement within the Community shall be permitted to fall into disrepair. No Owner shall do any act or work that will impair the structural soundness or safety of any improvement located in the Community. The maintenance of each residence in a clean and orderly manner, in a good condition and state of repair, and painted or otherwise finished shall be the obligation of the Owner and at their sole and separate expense. If an Owner or resident fails to perform necessary maintenance and repair, the Association shall have the right, after ten (10) days prior notice requesting such work be done and the Owner or resident not having done so, to enter upon such Lot for purposes of performing such work and the cost thereof, together with interest thereon as provided by applicable law, shall be charged to an Owner, and shall be deemed a Maintenance Violation Certain Lot Owners Obligations to Rebuild After Damage or Destruction. Each Owner of a Lot upon which a Residence is located shall carry casualty insurance insuring the residence on such Owner s Lot with coverage for all hazards, except earthquakes and floods and other acts of God which are normally excluded from standard form coverage policies ( Excluded Hazard ), which insurance shall be maintained in an amount equal to the full replacement cost of such residence. The Association shall have no duty to enforce the foregoing provision of this Declaration; provided, however, that if a residence is damaged or destroyed and the event causing the damage or destruction was not an Excluded Hazard, then the Owner(s) of the residence shall be jointly and severally liable to the Association to rebuild the residence on the Lot within community standards as established in the Architectural Guidelines. In the event the Lot Owner(s) of the damaged or destroyed residence fail to commence repair or reconstruction of the residence including the removal of debris associated with the initial damage or destruction, within the longer of one hundred twenty (120) days after the event causing the damage or Page 12

18 destruction, or forty-five (45) days after the insurance proceeds are made available for reconstruction purposes, then the failure to commence repair or reconstruction shall be deemed to be a Maintenance Violation as set for the in Section 3.20 below. Each Owner shall maintain and provide insurance coverage under their homeowner s policy for any rear and side yard walls or wrought iron rear yard walls. If an Owner or resident fails to perform necessary maintenance and repair, the Association shall have the right, after ten (10) day prior notice requesting such work be done and the Owner or resident not having done so, to enter upon such Lot for purposes of performing such work and the cost thereof, together with interest thereon as provided by applicable law, shall be charged to an Owner, and shall be deemed a Maintenance Violation Maintenance Violations and Association s Right to Correct Maintenance Violation Maintenance Violation Notice. A maintenance violation exists if any Owner allows, permits or causes any condition to exist on such Owner s Unit or within such Owner s residence which in the sole reasonable discretion of the Board is unsightly, unsanitary or hazardous, or is deemed not to conform to Community Wide Standards (including, but not limited to, a condition which causes dust to carry to another Owner s lot), or fails to maintain their Unit, the exterior of the residence on such Unit or the Improvements thereon in accordance with the provisions of this Declaration and if no emergency exists, then written notice will be given specifying the nature of the Maintenance Violation and a reasonable time period within which the Owner(s) must correct such Maintenance Violation. If an emergency exists, then the Association shall give the Owner of the Unit on which such condition exists, whatever notice is appropriate under the circumstances in whatever manner is appropriate under the circumstances, including no notice Owner s Right to File an Objection. The Owner of the Unit to whom a Maintenance Violation Notice is given, shall have the right to file a written objection thereto with the Secretary of the Association within ten (10) days after such Owner is deemed to have received such Maintenance Violation Notice. In the event such an objection is filed, and within thirty (30) days after the objection is filed, the Board shall hold a hearing regarding such Maintenance Violation. Notice of such hearing and the time and place thereof, shall be given to the Owner to whom the Maintenance Violation Notice is given and any other Owners who have filed Owner Complaints (defined below) at least five (5) business days prior to the date set for such hearing. The Board shall give written notice of its decision to the Owner against whom the Maintenance Violation Notice was given as to whether or not a Maintenance Violation exists and the nature of such violation. Copies of such decision shall be mailed to all persons who filed an Owner Complaint. The decision of the Board shall be conclusive as to whether or not a Maintenance Violation in fact exists. The notice period within which a Maintenance Violation must be cured shall be tolled from the date of filing such objection until the date the Board notifies the Owner in Writing of its decision Circumstances Under which Association is Obligated to Correct Maintenance Violation. If any emergency exists or if the Owner fails to correct a Maintenance Violation within the period specified in the notice (as such Period may have been tolled by the filing of an objection), then the Association, acting through the Board, shall have the right, but not the obligation (unless an Owner Complaint is filed), to undertake and perform such work through its agents and employees as the Board may deem be necessary or desirable to remedy the Maintenance Violation. In the event an Owner Complaint is filed, the Association shall be required to correct the Maintenance Violation as set forth below. In the event an Owner Complaint is not filed, neither the Association, Page 13